Never Mind the House, Who Gets the Dog?
Pets are often considered members of the family, and their well-being is a concern for many people going through a divorce. However, Oklahoma legally considers pets as personal property, like cars or furniture, and their custody is determined by the courts in a similar way. This article will provide an overview of the role of pets in Oklahoma divorce cases and the process for determining their custody.
Pets as Property
In Oklahoma, pets are considered personal property and are not subject to the same laws as child custody. This means that the court will not consider the best interests of the pet when determining its custody. Instead, the court will consider the same factors it would when dividing any other property, such as which spouse has primary possession of the pet and whether one spouse has a greater need for the pet.
Determining Custody
When determining the custody of a pet, the court will first consider which spouse has primary possession of the pet. This means that the court will look at which spouse the pet has been living with during the marriage and which spouse has been responsible for the pet’s care. If both spouses have shared primary possession of the pet, the court may consider other factors such as which spouse has a greater need for the pet or which spouse has the financial means to provide for the pet.
Pet Agreements
Couples can reach their own agreement on the custody of their pets, similar to property division agreements. This agreement must be in writing and be approved by the court before it becomes a binding order of the court. If the couple cannot reach an agreement, the court will make the decision for them. Pet agreements typically include things like which spouse will have primary custody of the pet, how the pet will be cared for, and who will be responsible for the pet’s expenses.
Pet Visitation
In Oklahoma, pet visitation is not legally recognized, so the court will not order that one spouse can visit the pet. However, if a couple has reached a pet agreement, they may include provisions for visits between the pet and the non-custodial spouse.
Expert Testimony
In some cases, the court may consider expert testimony when determining the custody of a pet. This can include testimony from a veterinarian about the pet’s health and well-being or from a pet behaviorist about the pet’s needs. Expert testimony can help the court understand the unique needs of the pet and make a more informed decision about its custody.
What You Need to Know about Pets and Divorce
In Oklahoma, pets are considered personal property and their custody is determined in a similar way as other property. The court will consider which spouse has primary possession of the pet and may consider other factors such as which spouse has a greater need for the pet or which spouse has the financial means to provide for the pet.
Couples can also reach their own agreement on the custody of their pets and include provisions for visits between the pet and the non-custodial spouse. It’s important to note that pet visitation is not legally recognized in Oklahoma, but expert testimony can be considered by the court to help determine the best interest of the pet.
Free Consultation: Tulsa Divorce Lawyers
While we don’t necessarily think of them as such, pets are considered property under Oklahoma law. As such, they can be taken away from you in a divorce settlement. Your best chance at keeping this from happening is to contact an Oklahoma divorce lawyer at the Divorce Law Office of Tulsa. Our expert divorce attorneys in Tulsa can convene with you (via phone or email) for a free consultation on the particulars of your case. If you choose to go forward, they’ll work day and night to ensure you have the best chance at protecting your cherished four-legged family member.
To get started, contact us today at 918-924-5526 or fill out the contact form at the top of the site. Whichever method you choose, a trained Tulsa divorce lawyer will be in touch with you soon.
